As criminal
courts become more crowded, prosecutors and
judges feel increased pressure to move cases
quickly through the system. Trials can take
days, weeks or sometimes months, while
guilty pleas can often be arranged in
minutes. Also, the outcome of any given
trial is usually unpredictable -- but a
misdemeanor compromise
or plea bargain provides both prosecution
and defense with some control over the
result. For most
defendants, the principal benefit of plea
bargaining is receiving a lighter sentence
for a less-severe charge than might result
from taking the case to trial and losing.

In
addition, defendants who are represented by
private counsel can save on attorney fees by
accepting a plea bargain. It almost always
takes more time and effort to bring a case
to trial than to negotiate and handle a plea
bargain. Those

who either
do not have the right to bail or cannot
afford bail, or who do not qualify for
release on their own recognizance -- may get
out of jail immediately following the
judge's acceptance of a plea. Depending on
the offense, the defendant may get out
altogether, on probation, with or without
some community service obligations. Or, the
defendant may have to serve more time but
will still get out much sooner than if he or
she insisted on going to trial. Going to
trial usually requires a much longer wait --
and causes much more stress -- than taking a
plea bargain.

Having
fewer or less-serious offenses on one's
record. Pleading guilty or no contest in
exchange for a reduction in the number of
charges or the seriousness of the offenses
looks a lot better on a defendant's record
than the convictions that might result
following trial. This can be particularly
important if the defendant is ever convicted
in the future. For example, a second
conviction for driving under the influence
(DUI) may carry mandatory jail time, whereas
if the first DUI offense had been bargained
down to reckless driving, there may be no
jail time for the "second" DUI.

Even for
people who are never rearrested, getting a
charge reduced from a felony to a
misdemeanor, or from a felony that
constitutes a strike under a "three
strikes" law to one that doesn't, can
prove to be a critical benefit. Some
professional licenses must be forfeited upon
conviction of a felony. Future employers may
not want to hire someone previously
convicted of a felony. Felony convictions
may be used in certain court proceedings
(even civil cases) to discredit people
who testify as witnesses. Felons can't own
or possess firearms. And, in many
jurisdictions, felons can't vote. The benefits of compromise
include:

Having a less socially stigmatizing offense
on one's record:

Prosecutors may reduce charges that are
perceived as socially offensive to
less-offensive charges in exchange for a
guilty plea. For example, a prosecutor
may reduce a molestation or rape case to
an assault. This can have a major impact
on the defendant's relationship with
friends and family. Perhaps even more
critical, sometimes defendants convicted
of stigmatizing offenses may be at a
greater risk of being harmed (or
killed) in prison than if they are
convicted of an offense that doesn't
carry the same stigma.

Avoiding hassles:

Some
people plead guilty -- especially to
routine, minor first offenses -- without
hiring a lawyer. If they waited to go to
trial, they would have to find a good
lawyer and spend both time and money
preparing for trial.

Avoiding publicity:

Famous
people, ordinary people who depend on
their reputation in the community to
earn a living, and people who don't want
to bring further embarrassment to their
families all may chose to plead guilty
or no contest to keep their names out of
the public eye. While news of the plea
itself may be public, the news is
short-lived compared to news of a trial.
And rarely is a defendant's background
explored in the course of a plea bargain
to the extent it may be done at trial.

Keeping others out of the case:

Some
defendants plead guilty to take the
blame (sometimes called the "rap")
for someone else, or to end the case
quickly so that others who may be
jointly responsible are not
investigated.

Judges' and Prosecutors' Incentives for
Accepting Plea Bargains:

For a
judge, the primary incentive for
accepting a plea bargain is to move
along a crowded calendar. Most judges
simply don't have time to try every case
that comes through the
door. Additionally, because jails are
overcrowded, judges may face the
prospect of having to release convicted
people before they complete their
sentences. Judges often reason that
using plea bargains to "process out"
offenders who are not likely to do much
jail time leads to fewer problems with
overcrowding.

For a
prosecutor, the judge's concerns about a
clogged calendar are the prosecutor's
concerns as well. And prosecutors are
concerned about their own calendars.
Crowded calendars mean that the
prosecutor's staff is
overworked. Because plea bargains are
much quicker and require less work than
trials, they are also easier on the
prosecutor's budget.

A defendant
accused of a misdemeanor or petty offense,
who injures someone by the act constituting
the offense, may be able to compromise the
charge. This requires the injured party to
appear before the court prior to trial, and
acknowledge that he or she has received
satisfaction for the injury. The court may
then order the prosecution dismissed.

Typically, offenses: (1) committed by or
upon any officer of justice while in the
execution of the duties of his office; (2)
committed riotously; (3) committed with
intent to commit a felony, and (4) involving
an act of assault, threatening or
intimidating or a misdemeanor offense of
domestic violence cannot be compromised.

A victim
may choose to enter an agreement with a
defendant, or the defendantís attorney, in
which the victim recommends
that the charges against the defendant be
dismissed. This generally occurs after the
defendant has reimbursed the victim for any
economic loss, or because a victim does not
wish to prosecute. A victimís decision to
enter a compromise is strictly voluntary and
should not be entered into until
compensation has been received. The victim
must sign a misdemeanor compromise before a
Notary Public upon providing picture
identification. The signed and notarized
form is reviewed by a prosecutor and
forwarded to a judge who makes the final
decision.

Criminal Charges That Can Be Dismissed With
a Misdemeanor Compromise:

The
only criminal charges that may be
dismissed by this means are assault,
criminal trespass, biting dog, threats,
disorderly conduct, shoplifting, theft
and criminal damage. All charges with a
domestic-violence prefix are excluded from this
list (ex. DV-assault). After a
victim completes the misdemeanor
compromise paperwork, a prosecutor
reviews the severity of the charges and
the judge makes the final decision for
or against dismissal of the defendantís
charges.

Civil
Charges That Can Be Dismissed With a
Misdemeanor Compromise:

If you
strike another vehicle and cause damage,
the owner/driver of the vehicle may be
willing to sign a compromise if you
compensate them either directly or
through their insurance company. If the
court dismisses your civil traffic
citation after receiving a compromise,
there is no fine and no points appear on
your Motor Vehicle Division driving
record for that charge. You must first
obtain a copy of the traffic accident
report from the Police Department. When
the owner and driver of the vehicle are
different people, each must sign a
compromise form.

If you need
to discuss your case with a lawyer or you
have a question call The Sheena Law Firm
today.